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Adams v. Trustees UNC Wilmington, et al. - National Association of ...

Adams v. Trustees UNC Wilmington, et al. - National Association of ...

Adams v. Trustees UNC Wilmington, et al. - National Association of ...

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On September 29, 2006, Cook sent another memorandum toplaintiff. After reminding plaintiff <strong>of</strong> the criteria forpromotion to full pr<strong>of</strong>essor, Cook explained that the "overridingconcern regarding [plaintiff's] record to date [was] in the area<strong>of</strong> scholarly research productivity," and that plaintiff's recordsince his last promotion did not demonstrate a cumulativ<strong>et</strong>angible pattern <strong>of</strong> expertise in the discipline. (Compl. Ex.50. ) She added that plaintiff's teaching, while the strongestaspect <strong>of</strong> his application, did not me<strong>et</strong> the promotion standard<strong>of</strong> "distinguished accomplishment."And fin<strong>al</strong>ly, she wrote thatplaintiff's record <strong>of</strong> service to the department, college,university, and pr<strong>of</strong>ession was "insufficient for promotion."(Id. )In response to plaintiff's request for the results <strong>of</strong> thevote, Cook declined to disclose the count but indicated toplaintiff again that the "overwhelming consensus" <strong>of</strong> the seniorfaculty was that promotion was unwarranted. (Id.) 10lOPlaintiff argues in his brief that this memorandumrepresented a dramatic departure from Cook's previous position,which he characterizes as having found that his teaching andservice were "adequate for promotion." (Pl. 's Resp. Br. at 10.)This phrase ("adequate for promotion") quotes an email sent bydefendant Cordle (who never reviewed plaintiff's application) toCook in response to the September 18 draft. The email reflectsCordle's understanding <strong>of</strong> Cook's memorandum. The language Cookactu<strong>al</strong>ly used, noted above, was far more ambiguous ("within thearea <strong>of</strong> teaching, the record was adequate, though thediscrepancies b<strong>et</strong>ween the [student ev<strong>al</strong>uation] scores and peerev<strong>al</strong>uationsgenerated some concern"; "Within the area <strong>of</strong> servic<strong>et</strong>he record was adequate, though concerns were raised regardingyour lack <strong>of</strong> service [and] some concern was expressed23Case 7:07-cv-00064-H Document 146 Filed 03/15/2010 Page 23 <strong>of</strong> 39

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